KalishLawTexas' legal blog The Woodlands

0

3 Apr 2012

Can you Really "Prepare" for a Divorce?
- Edit
- Delete
- Tags
- Autopost
Can you really ever prepare for a divorce?  Although people handle divorce differently, you can do some advance preparation from a legal point of view.   It is harder to prepare emotionally, even if you are the one who desires the divorce, and even you know that it is the only option. Counseling can help prepare you for the emotional ups and downs that follow.

Legally, there are some things that you can do to get ready.  Many people try to "tough it out", not asking for help or advice and hoping that everything will fall into place when the time comes. But having a legal consult well in advance can help make things easier for everyone.

At a legal consult, you can discuss:

1. What are the options for dividing the property?

2. Are any of the property, accounts, or debts likely to be considered one spouse's "separate property"?

3. How can a family business be divided?

4. How can bonuses that are earned, but not yet paid be divided?

5. What might happen with income tax liability or an income tax refund?

6. What amount of child support am I likely to recieve/be required to pay?

7. What are the options for custody and visitation?

8. What about dating during the divorce?

9. How do I deal with issues of cruelty or infidelity in the marriage?

10. How long does it take to file the paperwork?

11. How will my spouse be notified that I filed?

12. How much does it cost?

13. How long does it usually take to get divorced?

14. How do we do this without missing payments on the house or car?

15. Will I be able to move away with my children after the divorce?

16. Can I buy a home or refinance our home while I am getting a divorce?

17. What if we can't come to an agreement and have to go to trial?

The initial consult can help you understand all of your options and help you decide if you are really sure that you want to proceed. Everything that you discuss is confidential, and you don't have to proceed with a divorce. You can go away and think about it and return later, or never.
If you are contemplating a divorce, don't be hesitant to learn all that you can to help in your decision-making process.

Kalish Law Office "Passionate, Professional and Personal. We Make the Difference". Since   1984.
- views
0

13 Feb 2012

Children Caught in Divorce: Part II of the interview
- Edit
- Delete
- Tags
- Autopost
It is very easy for children to be caught in the middle during a divorce. In this video, our attorney Sio Ramirez Pitre is interviewed for examiner.com by relationship columnist Gina Gheller.

Last week, we posted part I on this blog, this is part II.

In this video, geographical restrictions in divorce decrees are discussed. These are common these days. If you are subject to a geographical restriction in your divorce decree, remember, this is a court order. The reasons for these restrictions are explained in this video. There is also a discussion about children who wish to stop visiting one of their parents, seeking changes in child support, and the right to return to court and modify a custody or visitation order.

We hope you find this video interview informative.

Kalish Law Office, The Woodlands, Texas. "Passionate, Professional, and Personal. Since 1984".

281-363-3700
- views
0

31 Jan 2012

I Want a Divorce: NOW!
- Edit
- Delete
- Tags
- Autopost
Whether or not to get a divorce can be a difficult decision to make. Sometimes a person who is in a bad situation may agonize over the decision for years, going back and forth about what to do – only to wake up one morning and know that now is the time to act.

If you are in that situation, you should be aware that there is a waiting period in the State of Texas. A divorce will not be finalized until at least 61 days after it has been filed.
Between the filing and the finalization, other steps must occur.

1. The non-filing party (respondent) is entitled to proper legal notice. Generally, that person must either:
1. be “served” in a way that is legally enforceable (usually by personal service unless that is impossible or the judge has granted an alternative means of service) OR
2. must enter into the suit voluntarily by responding to it and filing proper paperwork OR
3. must indicate his/her agreement with the divorce and the final decree by signature on documents (waiver, final decree) properly signed and presented to the court.
2. The case must be “proven up” by being heard by the judge (in some cases only one party appears, in other cases there may be a full trial with a judge and possibly a jury).

3. The judge must approve and sign the order that officially divorces the couple.

4. Additional possible requirements: If there are children involved, each party will need to take a parenting class. If the case is contested, mediation may be required.

The amount of time that a case takes depends on the complexity of the case, whether there are children or property involved, the rules of the county/court in which it is filed, and whether the parties are in agreement about the divorce and final terms.
How quickly a final hearing date can be obtained will depend on other practical matters, such as the court’s schedule, schedule and availability of the parties and their attorneys, and the amount of time that it takes to draft, review and sign the necessary documents.

Kalish Law Office The Woodlands, Texas; "Passionate, Professional and Personal. We Make the Difference." Since 1984.
- views
0

9 Jan 2012

Can Your Spouse Take your only Car during a Divorce in Texas?
- Edit
- Delete
- Tags
- Autopost
QUESTION: “I am getting a divorce and we only own one car. I need my car to get to work. Can my spouse take it during the divorce”

Questions about vehicles are common during a divorce. Who gets to keep the car is going to be decided on a case-by-case basis.

The first piece of information that is needed is this: Who owns the car? Even if the two of you are married, the car might be the separate property of one of the spouses. “Separate property” means more than just which spouse is on the title or is paying the loan.   There are specific legal guidelines as to whether a piece of property is “separate” and property law varies from state to state.

If the car (or any other piece of property) actually belongs to the two of you, then you both have the right to it.   This means that you have to either work something out by an “informal” agreement between yourselves or go to court to get an order from the judge that says what you can and cannot do with the car and other property while the divorce is pending.

The purpose of temporary orders is to “preserve the status quo” while paying attention to the rights of the parties and the good of the children, if any.   This means that the goal is to get through the divorce with the least damage possible financially.   Therefore, it would be unlikely that a judge would order the spouse who has a job to give up a vehicle and risk losing the family’s only source of income. However, the decision will have to be made with regard for the rights of both parties and the children, especially if someone in the family has a serious medical condition or special needs.

You will need to plan especially carefully about how and when to file for divorce (and how to serve your spouse with the papers) if you believe that your spouse may take your vehicle, money or property and try to hide them from you. Be sure that you discuss these things in advance with your attorney so that you are able to protect your rights.

Kalish Law Office, since 1984. www.kalishlawtexas.com 281-363-3700
- views

Search
Sites I Like
Tags
Archive
- 2012 (19)
  - May (2)
  - April (3)
  - March (4)
  - February (5)
  - January (5)
- 2011 (73)
  - December (4)
  - November (6)
  - October (7)
  - September (6)
  - August (6)
  - July (4)
  - June (5)
  - May (8)
  - April (4)
  - March (7)
  - February (8)
  - January (8)
- 2010 (98)
  - December (5)
  - November (6)
  - October (7)
  - September (7)
  - August (11)
  - July (10)
  - June (7)
  - May (7)
  - April (5)
  - March (10)
  - February (13)
  - January (10)
- 2009 (5)
  - December (5)

3 Apr 2012

13 Feb 2012

31 Jan 2012

9 Jan 2012

Search

Sites I Like

Tags

Archive

KalishLawTexas' legal blog The Woodlands

Get Updates